The Appellant’s Case
3.The appellant appeared in court on September 7, 2022 and opined that he is a holder of a driving license since 2018.
4.The appellant averred that he had complied with section 33 of the Traffic Act (cap 403), which requires one to be over twenty-four years and have held a license for not less than four years.
5.The appellant had obtained a driving license to enable him drive class BCE vehicles. To prove this point, the appellant attached a driving license issued by the respondent Authority on July 20, 2018. The appellant has been driving under the said license for 4 years hence qualifies for an endorsement.
6.The appellant argued that having met the requirements for PSV endorsement he should automatically get class A or its equivalent.
7.On cross-examination however it appeared that the appellant had not attained the 4 years requirement for him to apply for class D2 endorsement. However, by the time of writing this judgment the appellant had achieved the 4 years.
The Respondent’s Case
8.During the hearing on the July 6, 2022, the respondent opined that the appellant should go back for a ‘refresher’ course. On October 25, 2022, the Tribunal requested the respondent to cite the law that allow drivers to go for further training in order for them to have class D2 endorsement in the license.
9.The respondent Authority argued that the class D2 endorsement carries a lot of public expectations and for abundance of caution it would be important for the appellant to go back to driving school so that the Authority can be confident with the endorsement. The Authority argued that public safety is a great public interest.
10.The respondent further stated that there have been changes in the law under the Traffic Rules 2018 with the new classification and hence the appellant has not met the new requirements set out in the new Regulations.
11.The respondent Authority argued that class D2 which the appellant wants has been sub-divided into D1, D2, and D3 which some of the categories the appellant does not qualify for.